OBI HOLDING COMPANY v. SCHULTZ-BUTZBACH AND THE WORKERS' COMPENSATION COMMISSION

2025 OK 55
Supreme Court of Oklahoma·Decided September 9, 2025·No. 122347·Published

Opinion

OSCN Found Document:OBI HOLDING COMPANY, ET. AL v. SCHULTZ-BUTZBACH AND THE WORKERS’ COMPENSATION COMMISSION
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OBI HOLDING COMPANY, ET. AL v. SCHULTZ-BUTZBACH AND THE WORKERS’ COMPENSATION COMMISSION
2025 OK 55
Case Number: 122347
Decided: 09/09/2025
THE SUPREME COURT OF THE STATE OF OKLAHOMA


Cite as: 2025 OK 55, __ P.3d __

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.


OBI HOLDING COMPANY and SENTRY CASUALTY COMPANY, Petitioners/Appellants,
v.
SHANEESE T. SCHULTZ-BUTZBACH and THE WORKERS' COMPENSATION COMMISSION, Respondents/Appellees.

ON APPEAL FROM THE WORKERS' COMPENSATION COMMISSION

¶0 Employer moved to dismiss Employee's claim pursuant to 85A O.S. § 69

MATTER PREVIOUSLY RETAINED FOR DISPOSITION;
ORDER OF THE WORKERS' COMPENSATION COMMISSION VACATED;
MOTION TO DISMISS GRANTED.

Patrick S. Parr, McANANY, VAN CLEAVE, & PHILLIPS, P.A., Tulsa, Oklahoma for Petitioner/Appellants, OBI Holding Company and Sentry Casualty Company.

J. Kord Hammert, Oklahoma City, Oklahoma for Respondent/Appellee, Shaneese Schultz-Butzbach.

OPINION

ROWE, C.J.:

BACKGROUND

¶1 Shaneese Schultz-Butzbach ("Employee") claimed that her knee was injured at work. She timely filed a CC-Form 3 and filed a Form 9 Request for Hearing seeking medical and indemnity benefits under the Administrative Workers' Compensation Act.

¶2 After six months passed, during which Employee was not seen by Dr. Hargrove and no further pleadings were filed or hearings held, Employer filed for dismissal of the case. 85A O.S. § 69

¶3 Relying on White v. 918 Construction, 2023 OK CIV APP 2 affirmed ALJ's Order and Employer subsequently sought review by this Court.

STANDARD OF REVIEW

¶4 Title 85A O.S. § 78

1. In violation of constitutional provisions;
2. In excess of the statutory authority or jurisdiction of the Commission;
3. Made on unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous in view of the reliable, material, probative and substantial competent evidence;
6. Arbitrary and capricious;
7. Procured by fraud; or
8. Missing findings of facts on issues essential to the decision.

85A O.S. § 78de novo. Schlumberger Tech. Corp. v. Paredes, 2023 OK 42528 P.3d 772De novo review involves a plenary, independent, and non-deferential examination of the issues presented. Benedetti v. Cimarex Energy Co., 2018 OK 21415 P.3d 43

DISCUSSION

¶5 Employer disagrees with ALJ and Commission's interpretation of 85A O.S. § 6985A O.S. § 69

If a claim for benefits has been timely filed under paragraph 1
a. make a good-faith request for a hearing to resolve a dispute regarding the right to receive benefits, including medical treatment, under this title within six (6) months of the date the claim is filed, or
b. receive or seek benefits, including medical treatment, under this title for a period of six (6) months,
then on motion by the employer, the claim shall be dismissed with prejudice.

ALJ and Commission determined that because Employee requested a hearing within six months of the date her claim was filed, in satisfaction of subsection (a), inquiry into whether she received or sought benefits in satisfaction of subsection (b) was not necessary. ALJ and Commission relied on White v. 918 Construction, 2023 OK CIV APP 2524 P.3d 502to

¶6 Employer argues any reliance on White is flawed as applied to the facts of this case. satisfied for ongoing periods of six months. Employer argues the purpose of § 69(A)(4) is to ensure a claim is actively pursued, and if a claim could indefinitely avoid dismissal by filing a request for hearing within six months from the date the claim is filed, the purpose behind § 69(A)(4) would be thwarted. In response, Employee contends ALJ and Commission correctly relied on White, arguing satisfaction of § 69(A)(4)(b) is not necessary once § 69(A)(4)(a) is satisfied.

¶7 We agree with Employer that reliance on White is misguided as COCA's analysis is inapplicable to the facts before us. White strictly focused on the immediate six month time period following the filing of the CC-Form 3 which is not at issue here.

¶8 Whether Commission's order is contrary to 85(A) O.S. § 69(A)(4) requires statutory interpretation. "The cardinal rule of statutory interpretation is to ascertain and give effect to legislative intent and purpose as expressed by the statutory language." Odom v. Penske Truck Leasing Co., 2018 OK 23415 P.3d 521Id. "Intent is ascertained from the whole act in light of its general purpose and objective considering relevant provisions together to give full force and effect to each." Keating v. Edmondson, 2001 OK 11037 P.3d 882Odom, ¶ 18, 415 P.3d at 528. The test for ambiguity in a statute is whether the statutory language is susceptible to more than one reasonable interpretation. Am. Airlines, Inc. v. State ex rel. Okla. Tax Comm'n, 2014 OK 95341 P.3d 56Odom, ¶ 18, 415 P.3d at 528.

I. Under (A)(4), Employee's failure to seek or request benefits for a period of six months triggered dismissal.

¶9 To ascertain legislative intent, we begin with the text. Section 69(A)(4) states:

If a claim for benefits has been timely filed under paragraph 1 of this subsection and the employee does not:
a. make a good-faith request for a hearing to resolve a dispute regarding the right to receive benefits, including medical treatment, under this title within six (6) months of the date the claim is filed, or
b. receive or seek benefits, including medical treatment, under this title for a period of six (6) months,
then on motion by the employer, the claim shall be dismissed with prejudice.

85(A) O.S. § 69(A)(4) (emphasis added). The text highlights two distinct time periods: (1) within six months of the date the claim is filed, and (2) for a period of six months. If subsection (a) is not

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